Legal - Rental lease question?

OK so we moved into a place and signed a 12 month lease. We lived here for the whole 12 months. When it was time to renew our lease we were GOING TO sign a 6 month lease, but were considering going month to month. The rental place gave us the 6 month lease through the mail to sign. We never signed it, but also never told them a definite answer as to what we were going to do. They never came to ask us to hand in the lease, so for what we knew we were month to month. We told them initially we would be here for 6 months but it was never in stone (writing).





We have been here for 2 months since our old lease expired. A situation came up where we have to move in 30 days. We told the leasing office this and they said "well you would be violating your rental agreement. We will try to fill your unit, but if we are not able to you will be liable". The other day I got a letter in the mail that said I could either do option 1.) Pay a early fee of $850 or 2.) Assume the risk of them filling our unit. If they are unable to we would be liable. With this letter they gave us a copy of last years lease which says these are the terms, but they dont have a new lease.





So today I went into the office and said we do not have a lease. I said yes we initially planned on staying for 6 months, but we never agreed in writing and therefore we should not be liable. She basically called me shady and went crazy on me. The way she was talking I know she will keep my deposit of over $800.





So when I take her to court will I win? Also should I write some sort of letter to the office in regard to the letter I got for taking either option? Basically I would explain we do not have a lease and therefore I will do neither option and should not be liable. Should this letter also be certified mail??|||You can definitely send them a letter outlining what happened, and that you are not to be held liable for any early lease break terms, since you have no lease to break. If you do so, yes, send it certified so you can prove who received it, and when.





You will win; if they cannot produce a valid lease, then they cannot prove you have one. If they withold your deposit as retaliation, you should definitely take them to court. They will also be responsible for your court costs when you win.|||The answer will lie in your old lease documents. It MAY have an automatic renewal to a 6 month term unless you or the landlord opt out.





Lacking anything like that you should now stop talking to the landlord and only communicate in writing.





Send her a letter that says:


a) you are unable to find any currenlty valid lease agreement;


b) as such you are hereby tendering a 30 day notice effective on a specific date (if you gave her written notice before fine, if not you should err on the side of caution and give her written 30 days now)


c) decline either option citing that unless they are able to provide you with a copy of a valid agreement, you do not feel that you are liable for any further costs.


d) If possible, and if you are sure you will leave your appartment EXACTLY the way you received it, can you factor the $800 out of your remaining rent?


e) When you leave, take a LOT of photographs of EVERYTHING. Print two sets of the photos and deliver the keys to the unit along with a set to the landlord as evidence of the condition in which you left the apartment. If possible get a receipt for both.





Ok now you wait.if they do not pay you, then you





f) make a written demand for your deposit (in most states they must give you an accounting within a specific amount of time)


g) If the have not paid you by that date you can take the matter to small claims court along with copies of the documents and correspondence.





good luck





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